THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


/v^ 


i-     J 


Am   ^@® 


TO      ESTABLISH 


BOARDS  OF  POLICE,  &:  o 


Approved,  March  3,  1 833. 


\ 


Ai\    ACT 


TO 


ES'1'ABLI8H  BOARDS  OF  FOLIC  K, 


AND     DKFINE 


THEIR    POWERS    AND    JURISDICTION, 


AND  FOR  OTHER  PURPOSES. 


/C 


/ 


NATCHEZ: 

HUINTFU     HV    STANTON     AND     lilSANCON" 


y 


^K" 


-f^cKo 


A  7.^ 


AN    ACT 


TO 


ESTABLISH  BOARDS  OF  POLSOE, 


A>«   ACT  to  establish  BoarJs  of  Polico,  and  define   their   powers  and 
jurisdiction,  and  fur  otiicr  purposes. 

Section  1.     Be  it  enacted  by  the  Legislature  of  the 
State  of  Mississippi,    'i  hat  there    shall  be  established 
in  each  county  in  this  state  a  board  of  ])olice,  to  consist  Boarda    of 
of  live  members,  a  majority  of  whom   shall  constitute  a  f  olico    es- 
quorum  to  transact  business,  who   shall  be  elected  on  ^^  '^**  " 
the  first  Monday    and  day  following  in  May  next,  and 
continue  in  oflicc  until  the  first  Monday  in  Noveml)er, 
eighteen  hundred  and  thirty-five,  and  luitil  their  succes- 
sors are  duly  quuliiied. 

Sec.  2.     The  .said  board  at  Iheir  first  meeting,  or  so 
f^oon  thereafter  as  may  be  convenient,  shall  divide  their  County   to 
respective  counties  into  five  districts,  from  each  of  which  }"^    divided 
the  qualified  electors  of  the  district  shall  elect  one  mem-'".'°     *' 
ber  for  the  term  prescribed  in   the   Constitution,  under 
such  rules  and  regulntions  as  said  board  may  adopt.    The 
.said  districts  shall  be  fully  defined   by  miles  and  bounds, 
.'mil  entered  of  record  in  their  minutes:  Provided,  That 
tin;  counlv  court  of  each  county  hhall  meet  on  the  second 
Monday  in  April  next,  for  the  purj)o.se  of  dividing  their 
respective  counties  into  five  districts,  for  the  election  of 
one  menibvr  of  ?aid  board  from  each  of  the  said  distric*;* 


4  AN    ACT    TO    KSTAUMSH 

Oil  the  first  Monday  and  tlic  day  foiloniu<i;  in  May  next; 
Provided  oho,  That  the  person  liaviug  tht;  highest  nnni- 
her  of    votes  in  each  several  district,    shall    he    duly 
elected. 
JurUcVic-  Sec.  3.     The  said  hoard  of  police  for  each  county  in 

tiou  ol  the  ^^i^ig  gijjt^g  l^^  addition  to  their  jurisdiction  specifically  vcs- 
lice,  ^^^  ^"  them  by  the  Lonstitution,  shall  have  and  exercise 

all  such  jurisdiction  as  is  at  present  vested  in  the  county 
courts  of  each  county  respectively;  and  they  shall  be  au- 
thorized and  required  to  perform  all  such  acts  as  were 
heretofore  required  to  be  done  and  performed  by  said 
county  courts,  not  inconsistent  with  the  provisions  of 
this  act:  Provided,  They  shall  haA^e  no  jurisdiction  over 
matters  given  by  the  Constitution  and  laws  of  this  state 
to  the  court  of  probates,  and  properly  belonging  to  the 
same.  They  shall  require  the  county  treasurer,  at  each 
regular  meeting  of  said  board,  to  make  to  them  a  report 
of  the  stale  of  the  treasury,  exhibiting  the  receipts  and 
disbursements,  and  the  balance  in  favor  of  or  against  the 
county;  which  report  they  shall  cause  to  be  published  in 
some  newspaper  printed  in  the  county;  if  there  be  no 
newspaper,  they  shall  cause  a  copy  thereof  to  be  posted 
on  the  door  of  the  court-house.  They  shall  have  power 
to  levy  a  special  tax  on  their  respective  counties,  when- 
ever the  annual  levy  may  not  be  sufficient — said  special 
tax,  in  no  one  year,  to  exceed  one  half  the  amount  of  the 
state  tax,  to  be  collected  and  paid  into  the  county  treasu- 
ry, under  the  same  rules  and  regulations  that  are  now 
provided  for  the  collection  and  paying  of  the  annual  coun- 
ty tax.  They  shall  also  have  ])Ower  to  establish,  alter 
and  change  election  precincts  in  their  several  counties, 
whenever  they  may  deem  it  expedient,  for  the  conveni- 
ence of  tlie  people. 

Sec.  4.      The  members  of  said  board  in  each  county 

siKill  meet  in  this  state,  who  shall  be  elected  on  the  first  Monday 

ni  iiie  court  yj^^l  day  following   in  May  next,  shall  assemble  at  the 

Momlav' hi  court  hou;-c  of  their  respective   counties,  on   the  third 

Mav.aild  I- Monday  in  said  month;  and  being  so   assembled,  shall 

lect  :i  proa-  elect  ouc  of  their  own  body,  by  ballot,  a  president   of 

iucr;t.         their  board,  and  shall  severally  take  the  oiith  prescribed 

by  the  Constitution;  and  the  jiresidcnt  of  the  board  shall 

administer  the  oatli  of  office  to  tiic  clerk,  and  tiie  board 

being  '^o  organized,  .sn;il!  proceed  to  tiit?  di.^clinigc  of  their 


liOARBS    OF    POLICE  5 

official  duties;  and  all  acts  done  and  peifornicd  at  their 
said  meetings,  on  the  third  Monday  in  May  next,  shall 
be  valid  and  binding  to  all  intents  and  purposes,  wheth- 
er the  members  thereof  shall  have  received  their  commis- 
sions or  not. 

Sec.  5.     Said  board  shall  hold  their  sessions  on  the  At  whnt 
Mondays  preceding  the  Circuit  Court  in  each  county,  ^^^^^  °° 
and  continue  four  daj-s,  if  business  so  long  require,  and  lar  session* 
no  longer:    Frorided,  that  the  President  of  the  board 
may  call  a  special  meeting  thereof,  whenever  it  may  be 
necessary?  upon  liis  giving  ton  days'  notice  of  said  meet- 
ing, by  advertisement  posted  at  the  door  of  the  court-    ^ 
house  of  his  county;  each  member  of  said  board  shall  re-  (jompensa- 
ceive  three  dollars  per  day,  for  each  day  that  he  shall  be  tion. 
employed  in  performing  the  duties  required  of  him  by 
this  act,  to  be  paid  out  of  the  county  treasury,  and  shall 
be  exempt  from  serving  on  juries  and  in   the  militia, 
except  in  time  of  war,  and  from  working  on  roads. 

Sec.  G.  It  shall  be  the  duty  of  the  clerk  to  keep  and  Duty  of 
preserve  a  correct  entry  and  record  of  the  proceedings  Clerk. 
and  orders  of  said  board,  and  to  make  an  entry  upon  his 
minutes  of  the  attendance  of  each  member  thereof.  The 
clerk  of  said  board,  before  he  enters  upon  the  duties  of 
his  office,  shall  enter  into  bond  with  two  good  securities, 
to  be  approved  of  by  the  board,  in  the  sum  of  two  thou- 
sand dollars,  payable  to  the  Governor  and  his  successors 
in  office,  conditioned  that  he  will  faithfully  execute  and 
perform  the  duties  of  Ids  office,  and  safely  keep  all  re- 
cords, books  and  papers  pertaining  thereto,  and  will  de- 
liver the  same  over  to  his  successor  when  required^ 
which  bond  shall  be  recorded  by  said  clerk  on  the  re- 
cords of  said  board,  and  shall  be  filed  by  the  President 
thereof  in  the  office  of  the  Secretary  of  State,  and  may  be 
put  in  suit  by  any  ])erson  aggrieved  by  the  malfeasance 
of  said  clerk  in  his  offiice,  and  shall  not  be  void  on  the 
first  recovery,  but  may  be  sued  U])on  until  the  entire 
j)enalty  shall  be  recovered,  and  a  certified  copy  there- 
of shall  be  received  as  evidence  in  any  court  of  justice 
in  this  state. 

Sec.  7.     It  shall  be  the  duty  of  the  SherilVof  the  coun-  j^J^'^''"  '^ 
ty  to  attend  uponj^thc  board,  either  in  person  or  by  dep- 
uty, to  execute  all  their  ordcis  and  precepts;  anil  for  the 
perforni;uicc  of  said  duties,  lie  :-h;dl  ir''ci\c  ;ts  follows: 


t>  AN    ACT    TO    ESTABLISH 

For  every  day's  attendance  on  said  board,  while  in  ses- 
sion, two  dollars  per  day;  and  for  all  other  services  re- 
quired of  him  by  this  act,  he  shall  receive  a  compensa- 
tion of  not  more  than  fifty  dollars  per  annum,  to  be  al- 
lowed by  the  board,  and  paid  out  of  the  county  treasury. 
The  clerk  of  said  board  shall  be  allowed  for  each  day's  at- 
tendance on  said  board,  while  in  session,  three  dollars 
per  day;  and  for  all  other  services  required  of  him  by  this 
act,  he  shall  receive  a  compensation  of  not  more  than  fifty 
dollars  per  annum,  to  be  allowed  by  the  board  and  paid 
out  of  the  county  treasury. 

Sec.  S.  The  said  board  shall  have  power,  for  any 
Board  of  interruption  of  their  proceedings,  or  any  contempt  of- 
imprisorifor  f^red  to  them  while  in  session,  to  imprison  the  ofTen- 
contempt.  der  or  offenders,  for  each  offence,  not  exceeding  twenty- 
four  hours. 
May  fine  Sec.  9.  If  any  member  of  said  board  shall  fail  to  at- 
members  of  tend  any  meeting  authorized  to  be  held  by  this  act,  he 
Jor^fa'Sr'^*^  shall  be  fined  at  the  discretion  of  the  board,  in  a  sum  of 
to  attend  "^^  ^^^^  than  five,  nor  more  than  ten  dollars,  for  each  and 
their  meet- every  such  failure  to  attend;  and  the  said  board  shall 
^^ss-  cause  judgment  7ii  si  to  be  entered ;  and  if  a  good  and  suf- 

ficient excuse  be  not  offered  at  the  next  term  of  the  said 
board  by  the  said  failing  member,  judgment  final  shall  be 
rendered,  and   the  clerk  of  said  board  shall  issue  execu- 
tion for  the  recovery  of  said  fine;  and  all  moneys  so  col- 
lected, shall  be  paid  into  the  treasury  of  the  county.     If 
the  President  of  the  board  shall  fail  to  attend  any  meet- 
ing thereof,  it  shall  be  the  duty  of  the  board  to  elect  one 
of  their  body  President,  pj^o  tempore,  who  shall  per- 
form the  duties   of  President  during   said  meeting,   or 
until  he  shall  appear  and  take   his  seat.      In  case   the 
board  of  police  shall  fail    to  form  a  quorum  on  the  first 
day   of  any  regular  or  special   term,  the  Sheriff  may 
adjourn    until    the    next      succeeding     day,     and     no 
longer. 
To  divide        ^^c.   10.     The  board  of  police  shall  have  power,  and 
public         they  are  hereby  required,  to  divide  the  public  roads  into 
roads    into  precincts  or  districts — direct  what  persons  shall  work  on 
and^direct    ^^^'^  Toad,  SO  that  no  person  shall  be  compelled  to  work 
what  per-   on  more  than  one  road,  nor  more  than  six  days,  in  any 
sons  shall    one  veur:  Provided,  that  they  may.  at  their  discretion, 


BOAKDS    OF    rOLICE.  7 

apportion  the  labor  on  said  roads,  having  a  due  regard  to  ^o^k   on 
their  pubJic  utility.  ^^'^^• 

Sec.   11.     The  board  of  county  police  shall  annually  gjjaUannu- 
appoint  overseers  of  roads  or  highways,  whose  duty  it  allyappoint 
shall  be  to  give  three  days'    previous  notice,  by  himself  °^crseers 
or  his  Warner,  by  summons,  in  person  or  in  writing,  left^  ^^ 
at  their  respective  places  of  abode,  of  all  free  male  per- 
sons over  the  age  of  sixteen  and  under  fifty  years  of  age,  Duty    of 
as  well  as  to  the  owners  or  overseers  of  male  slaves  resi-  overseers, 
ding  within  their  respective   precincts,  except  such  per- 
sons as  may  be  exempt  from  such  service  by  law,  to  meet 
at  such  times  and  places  as  they  may   appoint,  and  to 
bring  with  them  such  tools  to   work  with  on  the  road  as 
they  may  direct;  and  if  any  free  person  so  summoned, 
shall  fail  to  attend  or   send   a  substitute  to  work  in  his 
place;  or  if  any  slave  so  summoned,  shall  fail  to  attend  Penalty  for 
accordingly,  or  when  attending  shall  neglect  or  refuse  to  fai'"''^  ^^ 
do  and   perform  his  or  their  duty  therein,  he  or  they  J^^^j  °" 
shall  forfeit  and  pay  a  fine  of  one  dollar  and  fifty  cents 
per  day,  for  every  such  failure,  non-attendance  or  refu- 
sal to  work,  to  be  recovered  in  the  manner  hereinafter 
prescribed    by    this    act,    and    paid    into    the    county 
treasury. 

Sec.  12.  When  any  overseer  shall  deem   it  necessary  Overseer 
to  employ  teams  and  ploughs  or  scrapers  on  the  roads,  he  mayemploy 
may  agree  with  any  person  or  persons  in  his  division  to  Frsons    to 
furnish  the  same,  who  shall  be  entitled  to  a  credit,  that  is  ^""""^^^^ 
to  say:  For  each  two  horse  plougli  and  team  with  gears  pioygtjg, 
and  a  hand  to  manage  the  same,  three  days'  labor;  [and 
for  each  ox  plough  and  a  team  of  three  yoke  of  oxen  and 
two  hands  to  manage  the  same,  five  days'  labor;]  and  for 
a  good  and  sufficient  iron  or  steel  shod  scraper,  and  two 
horses  with  a  hand  to  manage  the  same,  four  days'  labor; 
for  every   wagon  and  four  horses,  mule  or  ox  team,  fur- 
nished for  the  benefit  of  the  road,  with  a  hand  to  man- 
age the  same,  four  days'  labor;  and  each  and  every  over- 
seer may,    in   his  discretion,  receive   on   the  roads  the 
labor  of  able  bodied  female  slaves,  in  lieu  of  th':  lai)ur  of 
males. 

Sec.  13.     It  shall  he  the  duty  of  the  overseers  of  the 
roads,  to  make  a  list  of  all  free  persons  and  slaves  by  him  ^''"^  ''*;. 

,  ,  ,  ,  /         ,  ,  •  port  a     list 

summoned  to  work  on  the  road,  and  to  note  thereon,  spe- of  persons 
cifvipg  the  nymcs  of  such  free    persons,  and    also   the  failing  to 


8  ATI    ACT    TO    ESTABLISH 

work  to  a    number  of  such  slaves  as  may  fail   to  allend,  without  a 
justice  of     reasonable  excuse,  together  with  the  names  of  the  own- 
the  peace   ^^^  ^^  overseers  of  such  slave  or  slaves  as  may  fail  to  at- 
three  days,  tend  and  perform  their  duty,  and  rejjort  the  same  to  the 
nearest  Justice  of  the  Peace,  within  three  days  after  sneii 
failure,  whose  duty  it  shall  be  to  collect  such  fine  as  is  re- 
Proceeding  quired  by  this  act:    Provided,  That  no  warrant  shall  is- 
thereon.      sue  until  ten  days  after  the  return  of  the  said  overseer; 
[after  which  time  the  return  of  the  overseer]   shall    be 
final  against  such  defaulter  or  defaulters,  so  far  as  relates 
to  the  costs. 

See.  14.  It  shall  be  lawful  for  any  overseer,  if  requi- 
Overseer  red  by  a  majority  of  the  workmen  on  the  road  assigned 
shall,  when  him,  to  lay  offsuch  road  into  equal  divisions  for  the  ease 
required,  g^^^  convenience  of  the  laborers,  who  shall  finish  his  or 
into'^divis-  ^beir  parts  within  the  time  agreed  on  between  him  and 
ions.  each  free  person,  master,  mistress  or  overseer;  and  in  de- 

fault of  any  such  agreeing  party,  the  overseer  is  hereby 
authorized  to  cause  such  part  to  be  finished  by  the  hire 
of  other  persons  to  do  the  same,  and  thereon  tender 
his  account  and  demand  payment;  and  on  refusal,  to 
sue  for  the  same,  and  recover  the  money  for  his  own 
use. 
Penalty  for  ^^c.  15.  All  overseers  of  roads,  who  shall  refuse  or 
failure  todo  neglect  to  do  their  duty,  as  is  by  this  act  directed,  or  wha 
his  duty,  shall  not  keep  the  roads  and  bridges  clear  and  in  good 
repair,  or  let  them  remain  out  of  repair  for  the  space  of 
ten  days,  unless  hindered  by  extreme  bad  weather,  or  oth- 
er sufficient  cause,  to  be  adjudged  of  by  the  Justice  of 
the  Peace,  shall  forfeit,  for  every  such  offence,  the  sum 
of  ten  dollars,  to  be  recovered  as  other  fines  are  by  this 
act,  and  paid  into  the  county  treasury. 

Sec.  16.     It  shall   be  the  duty   of  every  overseer  of 

the  road,  immediately  after  his  appointment,  to  demand 

Shall  de-     ^  ^i^t  of  every  person  within  his  district  of  all  the  hands 

mand  a  list  he  may  have  liable  to  work  on  roads;  which  list  shall  be 

of  all  the     rendered  on  oatb,  to  be  administered  by  the  said  overseer, 

hands  lu-^  whiclt  demand  shall  be  made  personal,  or  in  writing  left 

"  at  the  usual  place  of  abode  of  the  person  applied  to;  and 

if  any  person  shall  refuse  or  neglect,  for  the  space  often 

days,  to  deliver  a  list  thus  required,  to  the  said  overseer, 

such  person  so  refusing   or  neglecting   shall  forfeit  and 


BOARDS    OF    POLICE.  9 

pay  the  sum  of  six  dollars  for  each  hand  liable  to  work 
80  refused  to  be  given  in  or  returned. 

Sec.  17.     it  shall  be  the  duty  of  all  overseers  of  roads,  Shall  wiih- 
Tvithin  six  months  after  their  appointment,  to  cause  to  be  '"'^  montlis 
measured  the  roads  of  which  they  have  the  superinten-  "g^jg^'^^Jnfj 
(lence,  if  not  already  measured,  and  to  erect,  if  not  alrea-  ,,^^^1    mila 
dv  erected,  a  post  of  durable  material,  at  the  termination  poita. 
ofeacii  mile,  marking  thereon,  in  lai'ge  Roman  charac- 
ters, the  number  of  miles  from  the  court  house  or  prin- 
cipal town  of  their  respective  counties;  and  every  over- 
seer failing  herein,  shall   forfeit  and  pay  the  sum  of  five 
dollars,   recoverable  in  manner  hereinafter  prescribed, 
and  paid  into  the  county  treasury. 

Sec.  18.  And  every  overseer  of  a  road,  who  shall  Penalty  oa 
neglect  to  replace  such  post  as  shall  have  been  destroyed  failing. 
by  accident  or  natural  decay,  at  the  regular  time  appoin- 
ted for  working  on  said  roads,  shall  forfeit  and  pay  the 
sum  of  two  dollars  for  each  post  llius  neglected  to  be  re- 
placed, to  be  recovered  and  applied  as  hereafter  pre- 
scribed. 

Sec.  19.  The  overseer  of  roads,  in  their  respective  Shall  hav» 
precincts,  shall,  within  the  time  before  mentioned,  cause  posts  erco- 
posts  to  be  erected  where  trees  are  not  convenient,  at .       ^'  . 

^  .  .  ,  ,  ,       iulcrsrction 

the  intersection  of  ail  public  roads,  with  boards  and  in- ^c     pubiio 
dcx  hands  pointing  in  the  dii-ection  of  such  roads,  on  roads,  ^c 
which  shall  !)e  inscribed,  in  legilole  characters,  the  name 
of  the  town  or  place  to  which  they  severally  lead,  and 
the  distance  to  the  same,  in  computed    miles;  and  any 
person  or  persons  who  shall  wilfidly   deface  or  destroy 
an}''  such  post  or  index  boards,  shall,  on  conviction  there- 
of, forfeit  and  pay  the  sum  often  dollars,  to  be  recover- 
ed and  applied  as  hereinafter  prescribed;  and  any  over 
seer  of  t:;e  road,  who  shall  ncglector  refuse  to  put  up  and 
keep  in  complete  repairs,  the  index  boards  directed   in 
this  section,  shall  forfeit  and  jjay  live  dollars,  to   be  re- 
covered and  applied  as  hereinafter  direc'cd. 

Sec.  20.  The  overseers  of  roads  shall  be  authorized  i\^p^  fjj,. 
to  employ  a  suitable  person  to  prepare  and  paint  the  ploy  per- 
signs  to  be  i)ut  up,  and  each  mile  j>ost,  and  likewise  index  '^°\'*  .  "» 
hoard?,  and  present  his  account  tn  the  board  of  police  for  p^''",*''^" 

II  I  II  -1  II  bonvii.. 

nJlowanc?;  wlio  arc  hereby  required  to  order  tne  same 
prdd  out  of  the  funds  of  the  coiinfy. 

S<tc  21.     Eich  o\t'rseer  of   Uio  rood*   sb:il!,  on    Ihrf 


l-O  AN    ACT    TO    ESTABLISH 

To  make  a  fii  st  day  of  regular  Spring  and  Fall  sessions  of  the  board 

true  return  Qjp  county  policc,  make  a  true  return  to  the  board  of  the 

of  road  &c.  ^^'^'■^^^^°"^^' ^'^"^  road  under  his  charge — the  number  of 

days  he  has  worked  on  the  same — the  number  of  hands 

under  his  charge — the  number  of  defaulting  hands — and 

the  amount  of  fines  collected ;  together  with  the  ability 

of  the   hands  to  keep  the  road  in  good  repair:  and  on 

_     .         failure  thereof,  he  shall  be  liable  to  a  fine  not  exceeding 

twenty  dollars,  to  be  sued  for,  recovered   and  applied 

as    is    provided    for    in  other  cases  of   default   in  this 

act. 

Sec.  22.  In  all  cases  in  vacation  of  the  board  of  po- 
lice,  where  the  appointment  of  overseer  may  become 
to  fiT  va-  '^'^cant,  it  shall  be  the  duty  of  the  President  of  the  board 
cancyinva-to  fill  the  same  by  appointment;  and  every  person  thus 
catioa  of  appointed  shall  be  subject  to  all  the  penalties  of  a  de- 
board,  faulting  overseer  in  this  act,  for  refusal  to  serve,  or 
neglect  of  duty. 

Sec.  23.     All  roads  shall  hereafter  be  laid  out  by  a 
Roads  to  be  jury  of  disinterested  freeholders  or  householders,  to  be 
laid  out  by  jjppQij^^gj.^  j^,^  ^j^g  board  of  police,  to  consist  of  twelve, 
^    ^*        who  having  agreed  on  a  verdict,  shall  seal  up  the  same, 
and  return  it  to  the  board  of  police.     The  board  shall  de- 
signate the  time  and  place  for  the  meeting  of  said  jury, 
who  being  iluly  sworn  by  the  Sheriff  of  the  county,  shall 
proceed  to  lay  out  said  road,  and  assess  such  damages  as 
may  be  just  and  reasonable;  and  the  amount  of  damages 
(if  any.)  shall  be  paid  out  of  the  county   treasury,  by 
order  of  said  board:    Provided  nevertheless,  that  any 
person  or  persons  who  may  feel  themselves  aggrieved  by 
the  verdict  of  said  jury,  shall  make  his  objection  to  the 
same  before  the  board  of  police,  who  shall  make  such 
order  as  they  may  deem  just  and  equitable. 

Sec.  24.  It  shall  be  the  duty  of  the  sheriff  to  give 
~  .p.  each  juror  at  least  five  days  notice  of  the  time  and  place 
shall  give  designated  for  their  meeting;  and  any  juror  failing  or 
notice  to  refusing  t."»  attend  such  meeting,  shall  be  fined  by  the 
juror.  board  of  police,  at  their  next  meeting,  in  a  sum  not  ex- 

ceeding ten  dollars:  Provided  always,  that  a  reasonable 
excuse  may  be  received  by  said  board. 

Sec.  25.  All  roads  now  laid  out  and  opened  accord- 
nied  public  ^"^S  ^°  ^^  provisions  of  this  act,  shall  be  deemed  public 
/ipadjL.         rpads,  and  shall  be  at  least  ten  and  not  more  than  th'rty 


BOARDS    or    POLICE.  11 

feet  wide.  The  width  of  the  road  shall  be  specified  to 
the  respective  overseers,  and  when  they  may  deem  it  ex- 
pedient to  make  or  repair  causeways  over  the  same 
roads;  they  shall  be  at  least  sixteen  feet  wide,  and  the 
earth  necessary  to  raise  and  cover  the  said  causeway, 
[shall  be  taken  from  each  side  of  the  cuuseway,]  so  as 
to  form  a  ditch  on  each  side  of  the  same. 

Sec.  26.     The  overseers  of  each  and  every  road  with-  Q„^,pg, 
in  this  state,  for  the  time  being,  is  hereby  authorized  to  authorized 
appoint  one  white  male  person  liable  to  w.rk  on    the  toappon.ta 
road,  by  giving  him  notice  in    writing,  together  with  a  pi's""     ^^ 
list  of  all  the  hands  liable  to  work  on  th.c  road,  ^^'bose  "^^^^^^^ 
duty  shall  be  to  warn  all  hands  within  the  overseer's  road 
district,  in  the   same  manner,  and  under  the  same  pen- 
alties as  the  several  overseers  are  by  law  directed  to  do; 
and  it  shall  be  his  duty  to  return  the  said  list  upon  oath 
to  the  overseer,  designating  the  hands  warned,  under  the 
penalty  of  ten  dollars,  to  be  recovered  before  any  justice 
of  the  peace,  and  to  be  accounted  for  and  applied  as  other 
fines  and  penalties  as  directed  by  this  act;  and  the  person 
appointed  by  the  overseer  to  warn  the  hands  and  doing 
his  duty,  shall  be  exempt  from  working  on   the  road  for 
that  time. 

Sec.  27.      When  any  bridge  is   necessary  over  any     When 
stream,  and  the  overseer  with  his  hands  cannot   conven-^*^^'''^^     ^' 
iently  make  the  same,  the  board  of  police  shall,  and  ihej'  ^°  TnVfor 
arc  hereby  authorized  and  empowered,   to  contract  for  thehuiicing 
the  building  and  keeping  the  same  in  repair;  and  when  of  bridge. 
it  shall  be  necessary  over  any  creek  or  river  which  di- 
vides one  county   from  another;    the  board  of  police  of 
each  county   shall  join  in  the   agreement  for  building, 
keeping  and  repairing  the  same;  and  the  charge  thereof 
shall  be  defrayed  by  both  counties,  in  proportion  to  the 
number  of  taxables  in  each. 

Sec.  28.  All  and  every  contract  and  agreement  of  All  con- 
the  board  of  police  of  any  of  the  counties  in  this  State,  l^'^^^^^*'^'" 
entered  into  or  made  for  or  concerning  the  building,  i'°'e'^„(^i,i'a! 
keeping  or  repairing  of  bridges,  in  such  manner  as  to  gainsi ihcm 
them  may  seem  meet  and  proper,  shall  be  good  against  and  ihcir 
them  and  their  successors  in  ollicc.  euuccsBora. 

Sec.  29.  The  clerk  of  the  board  of  police  in  each  and  q^^^^  gi^^u 
every  county  in  this  state,  is  hereby  authorized  to  issue  issue  bi» 
his  warrant  on  Ihe  county  treasury  of  his  county,  for  '.vyirant  on 


l» 


AN    ACT.    TO    CSTABLISEf 


oonntytre^.  any  allowance  made  by  said  board,  and  the  treasurer 
of  sa-d  county  is  hereby  authorized  to  pay  the  same 
out  of  any  money  in  the  treasury  not  otherwise  ap- 
propriated. 

Sec.  30.    The  boards  of  county  police,  through  whose 
counties  run  large  water  courses  or  creeks,  which,  from 
nir",,""!!."'' ^^^^""  rapidity  and  width  of  the  stream,  may  be  too  bur- 
cesto  con-  "'ensonie  to  bridge  and  keep  them  in  repair,  by  a  tax  on 
tract      for  f^i^  inhabitants,  shall  be  and  they  are  hereby  authorized, 
the    build-  if  thcy  deem   it   necessar}',   to  contract  with  builders  to 
brfl-^3  'or  ^"^•'^  ^^^^  bridges  or  extensive    causeways,   for  each  of 
caLslway^  ^^'^^ch  the  board  of  police  are  hereby  authorized  and  re- 
quired to  fix  a  certain  toll  on  persons,  horses,  carriages, 
catHe,  sheep  and  Iiogs   passing  over  the  same,  and  "the 
revenue    arising  therefrom  shall   for  such  a  number  of 
years  as  the  said  board  of  police  may  agree  upon,   be 
granted  unto  the  builders  of  such  bridges  or  causeways, 
tiieir  heirs  and  assigns  for  the  time  agreed  on,  and  it  shall 
be  tiie    duty  of  the  undertaker  or    undertakers  to  keep 
such  bridges  or  causeways  in  constant  repair:  and  in  de- 
fault thereof  for  one  month,  at  any  one  time,  he,  she  or 
they  shall  forfeit  all  right  and  title  to  tl;e  toll  of  such 
bridges  and  causeways  as  allowed  by  the  board  of  police: 
Provided  nevertheless,   tliat  the   board  of  police  may 
make  allowance  for  any  accident,  high  water  or  fire,  as 
they  may  deem  ])roper. 
If 'oriel  go  or      See.   31.     If  any  bridge  or  causeway,   or   any  public 
causeway    road  beat  any  time  so  damaged  by  high  water  or  other- 
by  hiSi  wa  ^^'^^^' ^^  ^°  render  it  dangerous  for  travelers  to    go  over 
ter,   "over-  ^'^^  Same,  it  shall  be  Ihe  duty  of  the  overseer  of  the  road 
seer     shall  for  the  district  in  which  sucli  bri;'ge  or   causeway    may 
Tf^\.°f'  ^^  situated,  to  order  out  the  working  hands   allotted  to 
tyr^'paL-'the^''^^^'^''^"^'^^'  °^'  ^^  many  of  them  as  may  be  necessary  to 
taiae.  repair  the  same  immediately,   although  they  m-ay  have 

previously  wor'-ed  six  days  on  the  public'  highways; 
and  if  any  overseer  shall  neglect  so  to  do,  being  so  com- 
manded by  one  of  the  board  of  police  iii  writing,  it  shall 
b'j  the  duty  of  said  member  of  police  to  employ  a  sui!i- 
cicnt  number  of  hands  to  repair  such  bridge  or  cause- 
way; and  all  reasonable  charges  for  such  repairs,  shall  bu 
repaid  by  such  overseer  to  said  m.ember  of  police;  and 
i:  said  overseer  fail  to  repay  such  sum  as  may  be  re- 
quired and  paid  by  the  same  member  of  police,  to  return 


BOARDS    OF    POLICE.  li 

the  amount  to  the  next    police  board  wlio   shall  enter 
judgment  against  such  overseer. 

Sec.  32.     If  any  person  shall  fell  any  bush  or  tree  in-  Penulty  for 
to  any  public  highway,  or  obstruct  the  same  in  any  man-  obstructing 
ner  whatever,  and  shall   not  remove  the   same    within^  "^^-*" 
twenty-four  hours,  it  shall   be  deemed  a   nuisance;  and 
ever}'  person  so  ofiending,  shall  forfeit  and  pay  two  dol- 
lars for  every  twenty-four  hours  such  obstruction  shall 
so  remain.     And  the  overseer  of  the  district  where  such 
may   be,  is  hereby  required  to  remove  the  same,  and 
charge  the  same  to  such  oflender,  and  also   return    the 
number  of  days  such  obstruction  so  removed  across  said 
public  road  to  the  board  of  police,  who  may  pass  judg- 
ment not  only  for  the  charges  paid  by  the  overseer,  but 
for  the  number  of  the  days  the  offender  suffered  such  ob- 
struction to  remain  unrcmoved. 

Sec.  33.     If  any  person  refuse  to  serve  on  any   rosd  Pent-ltr  for 
?-s  an  overseer,  agreeable  to  the  order  of  the  board  of  po-  reUsina;  to 
lice  of  his  county,  he  shall  for.eit  and  pay  the  sum  of  tif-  ^'^'^'^      "*. 
ty  dollars,  recoverable  before  any  court  having  jurisdic-  ^^^^j 
lion  of  the  same;  and  every  overseer  who  may  refuse  to 
serve,  shall,  wiliiin  ten  days  after  tiie  receipt  of  his  ap- 
pointment, nolify  the  same  to  the  president  of  the  board 
of  police  of  his  refusal  or  non-acceptance,  under  the  pen- 
alty of"  t  ;n  dollars,  to  be  collected  and  applied  as  other 
fines  and  penalties  under  this  act;  and  the  president  of 
the  board  upon  i-eceiving  su(  h   notice,  shall  be,  and  he 
is  hereby  aulhorized  and  required  to  appoint  a  successor 
to  serve  for  the  residue  of  the  term:    P^'ovided,  That 
no  person  shall  be  compelled  to  serve  more  than  one  year 
in  three. 

Sec.  '.H.     The   cle:'k  of  the  board  of  county   police  Penalty  on 
shall,  within  ten  days  after  the  appointment  of  any  over-  '^^^^^■n-  ''"'* 
^ecr  of  a  road,  deliver  a  copy  of  the  order  to  the  Sherifl  "^ 
of  the  county,  under  the  penalty  i.f  five  dollars;  and  the 
Sheriff  shall,  within  ten  days  after  the  receipt   of  such 
order,  deliver  the  same  to   the  overseer,  under  the  like 
penalty;  and  each  clerk  shall,  once  in  every  year,  fix  uj) 
in  his  court  liouse  a  list  of  the  names  and  piecincts  of  all 
the  overseers  ofi'oads  in  his  couiity,  under  ihe  pcnidty  of 
ten  dollars,  for  each  neglect. 

Sec,   3,';.      \"o  person  .shHil  turn,  alter  or  change  any  No  rom!  ii* 
public  ro;ul,  unless    il  be   bv    the  ordtr  uf   Uic  board    cf cf'a'Z"*! 


14 


AN    ACT    TO    ESTABLISH 


Condition 
of  bond 


but  by  or- county  police;  nor  shall  any  old  road  be  shut  up,  until 
der  ot  the  j^j^g  overseer  shall  certify  to  the  board  of  police  that  the 
police.        "'^^v  ^o^d  is,  in  all  respects,  agreeable  to  the  requisition 

of  the  law. 
Board  of  po      See.  36.     The   board  of  county  police   of  each  and 
lice  rcquir-  every  county  in  this  State,  shall  have  full  power  and  au- 
pe/owner's  thority,  and  they  are  hereby  required  to  compel  all  per- 
of  ferries  &  sons  who  now  are,  or  hereafter  ahall  be  authorized  to  keep 
toll  bridges  a  pubUc  ferry,  or  who  shall   own  a  bridge  I'ecciving  toll 
to  giveiiond  -within  said  county  or  counties,  to  give  bond  and  securi- 
securi-  ^^  j^^  g^^^j^  ^^^^  ^^  ^j^^  board  of  police  may  require,  to  the 
President  of  the  board  of  police  and   his  successors   in 
office,  with  condition  that  he,  she  or  they  shall  and  will 
constantly  find,  provide    and  keep  good    and  sufficient 
boats,  or  other  proper  crafts,  and  keep  such  bridges  and 
causeways  in  good  repair,  also  the  banks  on  each  side  of 
the  water  courses,  a?  the  case  may  be;  and  always  to  be 
well  attended  for  travellers  or  other  persons,  to  carry  or 
pass  their  horses,  carriages  and  effiscts  over  any  river  or 
creek,  or  over  any  such  bridge  or  causeway;  and  if  any 
person  shall  sustain  damage  by  any  ferry-man  or  keeper 
of  a  toll  bridge  or  causeway,  not  having  complied  with 
the  condition    of   his  bond,   the  person  sustaining  such 
damage  may  bring  an  action  of  debt  against  such    ferry- 
man or  bridge  keeper  on  such  bond,  in  the  name  of  such 
President  and  his  successor  in    office,  and   recover  for 
such  non-performance   of  the  said  condition,  so  much 
damage  as  he,  she  or  they  shall  appear  to  have  sustained, 
thereupon  take  out  execution  for  whatever  shall  be  re- 
covered, and  apply  the  same  to  his,  her  or  their  use;  and 
it  shall  and  may,  he  lawful    for  any  person    detained  at 
Damages     any  public  ferry,  by  reason  of  sach  ferrymen  not  having 
may  bn  re-  sufficient  boats,  and  other  proper  crafts  and  hands,  or  by 
covers  .      neglecting  his  duty,  to  make  application  to  some  Justice 
of  the  Peace,  who  is  hereby  lequired  to  issue   his  war- 
rant and  impose  such  fine  on  said  ferrymen,  not  exceed- 
ing ten  dollars,  as  to  such  justice  may  seem  just  and  equi- 
table; Provided,  that  an)  such  recovery  shall  not  extend 
to,  or  be  deeined  to  bar  any  action  for  personal  damages 
sustained  by  any  person  or  persons  by  reason  of  the  in- 
sufficiency of  the  said  ferries,  boats  and  bridges  thereat. 

Proceeding      Sec.  37.     Be  it  further  enacted,    That  whenever  it 
OQ  refusal     ■  J     I     -1  1  •  r    •  1 

IS  necessary  to  buuu  or  repair  any  bridge  or  causeway. 


Proviso. 


BOARDS    07    FOLICB.  15 

the  overseer  of   the  road  upon    which  such  bridge  or  of  owner  of 
causeway  is  to  be  ernctcd  or  repnired,  shall  apply  to  the  f"^  to  give 
proprietor  of  the  land  upon  which  such  causeway  or  building 
bridge  is  to  be  erected  or  repaired,  for  the  timber  ne-  bridges    or 
cessary  for  such  bridge  or  causeway;  and  if  said  pro- causeway*, 
prietor  shall  refuse  to  permit  said  overster  to  take  from 
his  land  the  timber  necessary  therefor,  it  shall  be  lawful 
for  him  to  take  and  use  so  much  as  is  necessary.     Pro- 
vided, That  he  shall,  within  ten  days  after  taking  the 
same,  summon   seven  appraisers,  who  shall  assess  the 
value  of  the  timber  thus  taken  and  applied  to  repairs  of 
the   road;  and  the  amount  so  assessed  shall   be  paid  to 
tlie  proprietor  out  of  the  county  trensury.  upon  the  cer- 
tificate of  the  overseer  taking  and  using  the  same.     %dnd 
provided  further,    That  the   parties    shall  not  be  de- 
prived of  the  ri^ht  of  appeal  to  the   circuit  court,  and 
a  constitutional  trial  by  a  jury. 

Sec.  08.  The   toll  of  ferries,  bridges,  or  causeways       ,t,  ,,    , 
that  are,  or  hereafter  may  be  established,  shall,  at  all  ferries"  an*!! 
times  be  subject  to  the  regulations  of  the  board  of  po-  bridges  sub 
lice  of  the  county  in  which  the  same  may  be  kept;  and  ject         to 
everv  keeper  of  such  ferrv.  bridge,  or  cnusevvav,  who  ''"f.""*^      °^ 
shall  presume  to  charge  or  demand  more  than  what  the  ^ 
board  of  police  may  have  allowed,  he  shall  forfeit  and 
pay,  for  every  such  offence,  the  sum  of  ten  dollars,  to 
be  recovered  before  any  justice  of  the   peace  of  said 
county,  by  any  person,  of  whom   such  demand  may  be 
made. 

Sec.  39.  If  the  owner  or  owners  of  the  soil,  where 

any  public  ferry  now  is,  or  may  be  hereafter  established,   J  .u^"^"^! 

shall  refuse  or  neglect,  until  the  expiration  of  the  nexto^  which  a 

regular  term  of  the  board  of  police,  from  and  after  the  ferry  is  es- 

establishment  of  said  ferry,  to    give  bond  and  security,  ta^'^'*''^'^.''® 

accordint!;  to  the  provisions  of  this  act.  then  and  in  that  i"^",  °,  ^'^^ 
1111        I        r  1    r        1  •  1  1    '      1  11  '"O"'''  noard 

■case,  it  shall  be  lawlul  lor  the  said  board,  and  they  are  of  police  to 

hereby  authorized  and  required  to  let  out  the  keeping  let  out  tha 

of  the  same  to  anv  person  or  persons,  who  will  engage  ^^'"^ 

to  keep  the  same  for  the  toll  and  rates  fixed  on  by  said 

board.     The  person  or  persons  so  engaging  to  keep  the 

same,  to  give  bond  and  security  according  to  law. 

Sec.  40.  In  all  cases  when  the  board  of  police  of  any     0^""  of 
1     .1  ■  1        1    ,        ,.11  •  r  11      ff>i'  to  liav» 

county  shall  intend  to  let  out  the  keeping  ol  any  public  refusal. 

ferry,  they  «hall  give  the  refusal  thereof  tt^  the  owner  of 


16  a:?   Ayr  TO  establish 

the  sdU  at  which  the  said  ferry  is  established;  and  if  tlie 
owner  or  owners  refuse  or  fail  or  neglect  to  give  bond 
and  security  as  required  by  the  board  of  police,  it  shall 
and  may  be  lawful  for  the  board  to  let  the  same  to  any 
person  or  persons  for  a  limited  time,  as  may  be  fixed  on 
by  the  board  of  such  county,  and  renew  the  same  from 
time  to  time,  as  they  may  deem  fit;  but  the  term  fixed, 
in  no  case  shall  exceed  ten  years,  unless  the  same  is 
granted  to  the  owner  or  ov.-ners  of  the  soil  in  which  the 
ferry  is  established. 

Sec.  41.  It  shall  not  be  lawful  for  any  master  of  a 
obstructin"'^  vessel,  or  other  person,  to  obstruct,  or  cause  to  be  ob- 
a  navigable  structed,  any  of  the  channels  or  passes  of  the  navigable 
•tream.        Bays,  Uivers,  or  Creeks,  in  this  State,  or   in  any  man- 
ner whatever  obstruct  the  free  navigation  thereof.     The 
%  person  or  persons  so  offending,  shall   be  fined    by  the 

board  of  police,  in  the  county  where  the  same  may  ac- 
crue, in  a  sum  not  exceeding  twenty  dollars. 

Sec.  42.  In  all  cases  where  fines  and  forfeitures,  for  a 

Jurisdic-      less  sum  than   fifty  dollars,  shall  become  due  from  any 

tion    of  a  person  under  the   pi'ovisions   of  this  act,  the  same  shall 

th^^Dc   e*  ^^  sued  for  and  recovered,  before  a  justice  of  the  peace, 

of  the  proper  county,  in  the  name   of  the  person  suing 

for  the  same;  and  it  shall   be  the  duty  of  the  President 

of  the  board  of  police  to  return  to  the  District  Attorney, 

at  each  term  of  the  Circuit  Court,  a  list  of  all  defaulters, 

from  whom  fines  and  forfeitures   shall  become  due,  to  a 

larger  amount  than  fifty  dollars;  and  it  shall  be  the  duty 

of  the  District  Attorney  to  sue  for  andrecov'rthe  same 

by  action  of  debt,  in  the  name  of  the  President  of  the 

Fines    and  board  of  county  police. 

forfeitures  See.  43.  All  fines  and  forfeitures,  accruing  and  recov- 
to  be  paid  erable  under  this  act,  shall  be  paid  into  the  county 
nto  county  tj-gg^urv  for  countv  purposes. 

Sec.  44.  That  all  costs  necessarily  incurred  in  the  re- 
Costs  to  be  covery  and  collection  of  fines  and  forfeitures  accruing 
paid  out  of  as  aforesaid,  shall  be  certified  by  the  clerk  or  other  offi- 
the  county  (.gj.^  to  the  board  of  police,  who  shall  order  the  same  to 
treasury.  ^^  p^^j^  ^^^^  ^^  ^j^^  county  treasury.  Provided,  the 
board  are  of  opinion  that  such  allowance  ought  to  be 
made. 

Appealt  '^^^'  ^^'  ^^  ^^^^^^  ^"'^  ^^y  ^'®    lawful  for  all  persons 

may       he  who  feci  themsclvps  aggrieved  by  the  judgment  of  the 


BOARDS    OP    POLICE  17 

board  of  any  county,  to  appeal,  by  bills  of  exception  or  made      lo 
certiorari,   to  the  Circuit  Court  of  his   county;  which ^'"^"^^ 
appeal  shall  be  taken  during  the  term  of  the  board  at 
which  judgment  is  entered,  or  at  the   next  succeeding 
regular  term  thereof,  and  not  after. 

Sec.  46.  In  cases  when  appeals  are  prosecuted  in  the     president 
Circuit  Courts,   the   President  of  the  board    of  police  of  the  board 
shall  defend  the  same;  and  all  expense.^  or  money  paid  to     defend 
by  him,  shall  be  repaid  by  the  proper  county,  by  order  *^^  *^°^*- 
of  said  board  of  polite. 

Sec.  47.  The  board  of  county  police  shall  have  power, 

at   their   discretion    to   authorize  any    owner  of   lands     Board  of 

through  which  any  road  may  pass,  to  erect  gates  across  police  may 

the  same,  of  sufficient  width  t;;  allow  the  safe  and  easy  authonze 

r     11        1       1     1  •  1  T.-     "   overseer  oi 

passage  ot  all  wheeled  carrnges,  upon  such  conditions  i^^^j  ^^  ^ 

to  keep  tiiem  in  good  repair,  and  under  such  restrictions  rect  gatsa, 

as  the  board  may  deem    proper.     Frovided,  That  no 

gate  shall  be  erected  across  any  road  in  the  route  of  the  Proviso. 

United  States  mail;  and  if  any  person  shall   purposely 

or  negligently  leave  any  of  said  gates  open,  he  shall  be 

fined  the  sum  of  five  dollars,  to  be  recovered  with  costs 

before  any  justi*.  e  of  the  peace  of  the  proper  county,  for 

the  use  of  the  county,  and  shall  moreover  be  liable  in 

damages  to  the  person  or  persons  injured  thereby. 

Sec.  4S.  The  jury  of  review,  belbre  they  enter  upon 
the  duties  assigned  them,  shall  take  the  following  oath  or 
affirmation,  to  be  administered  by  the  Sheriff  of  the 
county,  or  his  deputy:  You  and  each  of  you  do  solemn- ^^^l^'^'^j" 
ly  swear  lliat  you  will  lay  out  the  road  now  directed  to 
be  laid  out  by  ihe  board  of  county  police  to  the  greatest 
advantage  to  the  inliabitants,and  with  as  little  pi-ejudice 
as  may  be  to  inclosures,  without  fa\  or  or  affection,  malice 
or  hatred,  to  the  best  of  your  skill  and  knowledge — So 
help  you  God. 

Sec.  49.  The  said  board  shall  have  power  to  fix  the     ,j^°"j^g|^' 
rates,  if  any,  which  shall  be  allowed  to  the  clerk  and  in-ihe  fees  of 
spectorsof  elections;  and  all  accounts  for  such  services cltrks of  e- 
shall  be  examined  and  allowed  by  the  said  board,  and ''^"'°°*- 
sh:dl   be  paid  out  of  the  county  treasury  of  the  prop-'r 
county. 

Sec.  .50.    ^^nd  be  it  fiirtlicr  enacted,   That  all  acts    KepeeJjuii 
aiul  parts  of  acts  coming  within  the  purview  and  mean- clause, 
ing  of  this  act  be  ind  the  same  are  hereby  repealed. 

Approvjed,  March  2,  1833. 


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